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Legal DisclosuresTHIS AGREEMENT is made and entered into between EZ Quick Cash, Inc., hereinafter referred to as EZ Quick Cash, and yourself, hereinafter referred to as the Applicant. WARNING A Payday Loan is intended to be used as short-term cash flow assistance. It is not designed, nor intended to be used, as a solution for longer-term financial problems. The Applicant is fully responsible for proper and responsible management of their loan applications, credit score, loans and all financial monies and tools. It is agreed as follows:NOTICE: FEDERAL LEGAL DISCLOSURESAll applications, transactions, and credit decisions will be regulated and governed by United States law, and the laws of the state where you reside, regardless of where you may be viewing or accessing this site. This service does not constitute an offer or solicitation for short term loans in all states. This service may or may not be available in your particular state. The list of states that we service may change without notice. The Federal laws governing this consumer loan agreement may differ from the laws of the state where you reside. All transactions and communications on this site will be deemed to have taken place the EZ Quick Cash location. Terms and Conditions1. AcceptanceAs set forth herein, the Applicant accepts the terms and conditions as outlined in this Agreement by authorizing EZ Quick Cash to obtain a loan for the Applicant, under federal laws, through our designated representatives, and on our website located at http://www.ezquickcash.com, prior to the completion of the transaction. 2. JurisdictionThis Agreement shall be deemed executed at location of EZ Quick Cash, without regard to its conflicts of law principles, regardless of the order in which the parties agree, and shall be governed in accordance with federal laws. The Applicant’s acceptance of our service after the period of expiration of the options in paragraph 5 confirms his/her prior acceptance of this Agreement and to Lender's jurisdiction. Further, if any provision(s) of the Arbitration Clause is/are found invalid, the Applicant agrees that all actions or proceedings arising directly or indirectly from, this Agreement shall be litigated in such courts and consent that valid service of process may be made by certified or registered mail, to the Applicant at his/her address set forth, herein, or as may otherwise be designated hereafter by the Applicant, in writing, and service so made shall be complete two days after delivery as aforementioned. USA PATRIOT ACT – is required by Federal Law. EZ Quick Cash will obtain any information and obtain the necessary means to verify your information. 3. Electronic Presentment of FundsThe Applicant agrees to the electronic presentation by EZ Quick Cash of any funds owed, and agrees to the re-presentation of any presentations that are returned to us for any reason. Such electronic re-presentation may be for less than the original amount owed us or in any increments totaling the amount due including the maximum permissible non-sufficient funds fees charged by us in accordance with our Loan Note and Disclosure, and Federal Laws. Further, by submitting the application form, the Applicant authorizes EZ Quick Cash or our designated provider, and the Applicant’s current verified financial institution (even if the financial institution and/or account numbers are different than those on the original application) to initiate debit (ACH or bank draft) and credit entries as necessary when an original ACH transaction is returned unpaid or unable to complete. The Applicant authorizes EZ Quick Cash or a designated provider and/or assigned collection agency to submit ACH and/or bank draft debits for partial payments to allow full repayment of the cash advance and any/all associated fees to be completed. The Applicant authorizes EZ Quick Cash or their designated representatives to make both debit and credit entries, to and from any bank account of the Applicant’s at any institution, from time to time, for fixed and variable amounts, including recurring transactions and point-of-sale transactions, according to the terms of the Applicant’s Agreement. The Applicant understands and agrees that we or our designated representatives do not need to notify the customer prior to any recurring debit entry for a fixed amount, or prior to any point-of-sale debit entry initiated by the Applicant, or prior to any credit item. 4. Class ActionAGREEMENT NOT TO BRING, JOIN OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law, by signing below the Applicant agrees that he/she will not bring, join or participate in any class action as to any claim, dispute or controversy he/she may have against EZ Quick Cash or their agents, service providers, directors, officers and employees. The Applicant agrees to the entry of injunctive relief to stop such a lawsuit or remove him/her as a participant in the suit. The Applicant agrees to pay the costs incurred by EZ Quick Cash, including their court costs and attorneys' fees, in seeking such relief. This Agreement is not a waiver of any of your rights and remedies to pursue a claim individually. This Agreement not to bring, join or participate in class action suits is an independent agreement and shall survive the closing, funding, repayment and/or default of the loan for which the Applicant is applying. 5. ArbitrationAGREEMENT TO ARBITRATE ALL DISPUTES: By signing below, and to induce EZ Quick Cash to process the Applicant’s loan application, the Applicant and EZ Quick Cash agree that any and all claims, disputes or controversies that they or their service providers or agents have against the Applicant or that the Applicant has against EZ Quick Cash, our service providers, agents, directors, officers and employees, that arise out of the Applicant’s application for one or more loans, the Loan Agreements that govern his/her repayment obligations, the loan for which he/she is applying or any other loan EZ Quick Cash previously made or later may make to the Applicant, this Agreement To Arbitrate All Disputes, collection of the loan or loans, or alleging fraud or misrepresentation, whether under the common law or pursuant to federal or state statutes or regulations, or otherwise, including disputes as to the matters subject to arbitration, shall be resolved by binding individual (and not class) arbitration by and under the Code of Procedure of the National Arbitration Forum ("NAF") in effect at the time the claim is filed. This Agreement To Arbitrate All Disputes shall apply no matter by whom or against whom the claim is filed. Rules and forms of the NAF may be obtained and all claims shall be filed at any NAF office, on the World Wide Web at www.arb-forum.com, or at "National Arbitration Forum, P.O. Box 50191, Minneapolis, Minnesota 55405." If the Applicant is unable to pay the costs of arbitration, his/her arbitration fees may be waived by the NAF. The cost of a participatory hearing, if one is held at the request of the Applicant or EZ Quick Cash, will be paid for solely by EZ Quick Cash if the amount of the claim is $15,000 or less. Unless otherwise ordered by the arbitrator, the Applicant and EZ Quick Cash agree to equally share the costs of a participatory hearing if the claim is for more than $15,000 or less than $75,000. Any participatory hearing will take place at a location near the Applicant’s residence. This arbitration agreement is made pursuant to a transaction involving interstate commerce. It shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered by any party in any court having jurisdiction. This Agreement To Arbitrate All Disputes is an independent agreement and shall survive the closing, funding, repayment and/or default of the loan for which the Applicant is applying. NOTICE: THE APPLICANT AND EZ QUICK CASH WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION. 6. Electronic Signature/Verbal ConsentWith the Applicant’s agreement to this application, the Applicant understands and agrees to abide by all terms and conditions set forth in this Agreement. Additionally, by submitting the online information application via the Internet or by phone, the Applicant is aware that he/she is applying for a cash advance. The Applicant certifies that all information provided is true and correct, under the penalty of perjury. The Applicant agrees that upon submission of your electronic signature, or verbal consent by phone, that he/she is not currently involved in, or considering bankruptcy now, or at any future time. The Applicant authorizes us to verify and confirm the information in the given application and hereby give EZ Quick Cash consent to obtain information on the Applicant from a consumer reporting agency, or other necessary means. The Applicant understands that the EZ Quick Cash reserves the right to decline an applicant at any time, with cause determined by judgment of risk, upon completion of due diligence of applicant. In order to process this application, the Applicant understands that verification of the information provided is necessary, including, but not limited to, employment and bank account verification. The Applicant accepts personal responsibility for safeguarding any PIN or CUSTOMER NUMBER that might be assigned to him/her. 7. AssignmentEZ Quick Cash hereby reserves all rights and power to assign any of our interests in the Agreement to any successor, assignor or purchaser for value, without notice and without consent of the Applicant. 8. Schedule of ChargesRegulation Z in Federal Law requires the full disclosure of all costs and terms associated with any credit purchase or transaction (such as this cash advance) and further requires that the costs associated with the transaction be expressed as an annual percentage rate of interest (A.P.R.). Below all costs, terms and rates associated with our cash advance program are given. The chart below illustrates examples of the cost of a loan to the borrower. If you have any questions, or would like more information, please ask. It is the Applicant’s responsibility to make certain the questions that he/she asks are answered to his/her satisfaction. The Applicant is responsible for making certain that he/she understands all terms and costs and implications of his/her loan. First Time Applicant
Returning Customers Only
9. Promise to PayThe Applicant promises to pay EZ Quick Cash the Amount Financed, the Finance Charge and other permitted charges, according to the Federal Truth-In-Lending Disclosures. The Applicant acknowledges and agrees that he/she is indebted to EZ Quick Cash for the amount of the Total of Payments, and that the amounts set forth in the Federal Truth-In-Lending Disclosures are not in dispute. By the signature of the Applicant on the original advance application of the Master Agreement, be it an electronic signature or otherwise, the Applicant signifies that he/she has made a promise to pay EZ Quick Cash one payment on the date indicated in the payment schedule. If an extended payment request was submitted and processed, he/she agrees to pay the total of payments on or after the next date your cash advance comes due. The Applicant authorizes EZ Quick Cash to obtain this payment via one or more ACH debits and/or demand bank draft debit entries to the Applicant’s account of his/her financial institution, bank or credit union, until this cash advance comes due. The Applicant further authorizes us to effect this payment by one or more ACH debits and/or demand bank draft debit entries to his/her account of his/her bank, credit union or financial institution until this cash advance note is paid in full. The Applicant has stated that you are not in bankruptcy proceedings, nor does he/she have the intent or consideration of filing bankruptcy in the future. The Applicant promises to keep his/her account open and to maintain an adequate balance in his/her account in order to ensure that all payments are made to EZ Quick Cash in a timely manner, and on the scheduled due date(s), until this cash advance note is paid in full. The Applicant understands that if at anytime his/her account becomes delinquent, EZ Quick Cash, or our designated representative, will follow the Fair Debt Collection Practices Act during the attempts of repayment of the Applicant’s loan. The Applicant agrees to pay a late fee of $25 if his/her account becomes delinquent on payment due date. The Applicant agrees to pay all fees related to the collection of his/her account. This includes, but it is not limited to any and all attorney fees, collection fees, arbitration fees or court costs incurred during the collection process. |
